who enforces an old (1940s) restrictive covenant ?

[Rob Wisbech]

Hi found a potential restrictive covenant from the 1940s restricting number of houses that can be built on my plot.

 

the original people in the covenant are all dead and the original property that the covenant was protecting has been sold off.

 

So who will enforce the Covenant?  Also  I Believe its possible to get insurance against such claims ?

 

Thanks

 

Rob.

[Kelvin]

How is it worded? Who is the beneficiary of the covenant? 
 

Covenants run with the land so it still applies and presumably anyone with an interest (like a neighbour) could highlight it. 
 

You can indemnify the land and it stays with the land but I thought this was you taking the indemnity out to protect the person buying the land/house. 

[Rob Wisbech]

thanks ,  how would a neighbour highlighting the covenant affect any planning permission to build  ?

 

 

[Roundtuit]

It wouldn't affect planning permission, only the legality of actually building what was granted. Complicated territory...  to be enforceable, there has to be a beneficiary, ie someone who owns land that would be adversely affected by breaking the covenant.  That could theoretically be a neighbour, if the covenant is designed to limit development in the area.  I'd speak to a solicitor before getting too far into the process.  (If you're in the Wisbech area, there's a solicitor with expert local knowledge in the town 😉)

Edited October 8, 2022 by Roundtuit
typo

[Rob Wisbech]

Very helpful thanks - the original beneficiary was the owner of the farm at the end of the road who probably  didnt want a lot of traffic in his road.

 

but the road has subsequently become a cul de sac and doesnt even go to the farm anymore.

[Spreadsheetman]

See this: https://www.tanfieldchambers.co.uk/2016/08/24/restrictive-covenants-is-there-a-building-scheme/

 

It’s a complicated subject for sure.

[nod]

Covenants are notoriously hard to enforce especially if there’s no beneficiary If a neighbor decides to use a covenant to restrict you building 

They will need deep pockets 

You can apply to have the covenant removed 

[Jilly]

Does the Covenant wording say the 'successors in title'? If not you might be in luck.

[Temp]

+1 

 

They have to get written to the benefit of whoever owns another piece of land not just an individual named person.